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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30180
Experience:  Attorney with experience in family law.
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How do I enforce a temporary order that ordered my husband

Customer Question

How do I enforce a temporary order that ordered my husband to begin paying me as of December 1 spousal support and our truck and he has not it was court ordred. I don't have an attorney
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

You have the ability to file a Motion for Contempt of Court (also called an order to show cause). The motion needs to establish that the court order requires him to pay, that he has not done so, and that he has the ability to pay. It makes things easier for the judge if you attach a copy of the original order. The motion is filed with the clerk of the family court, and your ex will get a copy of it. He has an opportunity to respond, and then the judge will decide whether to hold a hearing.

There are various sanctions you can ask for, and it's up to you. You can ask that he pay interest on late payments, now and in the future. You can ask the judge to impose a penalty on missed payments. And if he continues to miss payments after repeatedly being told to make them by the judge, he could go to jail. When the time comes for permanent orders, you can ask the judge to order one or all of the following:

  • Automatic deduction of your support from his paycheck
  • Interest
  • Penalties for late or missed payments, payable to you.

Some counties have forms available on their websites, so start by checking the site for your county. If they're not listed on this page, or you don't see anything, call to ask if they have contempt forms. A local law library would also have the documents you need to file the motion.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
Thank you but he has a new address and he has failed to provide it to me or the court we both keep getting undeliverable he won't accept anything through his job since he is in a high security place
He has never officially given a new address although he doesn't h an attorney
Expert:  Lucy, Esq. replied 1 year ago.

Then you can ask the judge to order him to produce a valid address the next time he's in court and file the motion at that time. You could have a third party wait outside his work and hand him the motion when he arrives/leaves. Someone could follow him after work to see where he goes and hand him the motion. Or you could file a motion asking the judge to allow you to notify him of the motion via email/text.